GELO MINING LIMITED. V. WEST AGGREGATES LIMITED
(2018) JELR 66022 (HC)
High Court
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SUIT NO. RPC/110/12
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20 Jun 2018
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Ghana
Coram
AKUA SARPOMAA AMOAH (MRS.) JUSTICE OF THE HIGH COURT
Appearances
MAAME AMA HANNY FOR THE PLAINTIFF
Judgement
<p>JUDGMENT</p><p>The Plaintiff’s statement of claim discloses that it is a Ghanaian registered limited liability company engaged in the business of plant and equipment hire. The Defendant, also a Ghanaian registered limited liability company is in the business of rock quarry. In or about November, 2011, Plaintiff entered into a contract with the Defendant for the hire of a Caterpillar Excavator 330 BL. The agreed rate for the said hire was <em>One Hundred and Twenty US Dollars (US$120.00) </em>per each hour worked by the said excavator. Bills were however to be issued at the end of each month and payment effected by the Defendant after any queries on the said bills had been raised and addressed. Plaintiff says that payment for the first bill issued, delayed for almost a month even though the Defendant was by the terms of the agreement required to settle same within fourteen (14) days of receipt of an invoice. No further payments were made by the Defendant despite its continuous use of the said excavato…</p>